Bill Text: MI SB0630 | 2021-2022 | 101st Legislature | Introduced


Bill Title: Corrections: other; definition of contraband; expand. Amends title & secs. 1 & 2 of 1909 PA 17 (MCL 800.281 & 800.282).

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced) 2021-09-02 - Referred To Committee On Judiciary And Public Safety [SB0630 Detail]

Download: Michigan-2021-SB0630-Introduced.html

 

 

 

 

 

 

 

 

 

 

SENATE BILL NO. 630

September 02, 2021, Introduced by Senators DALEY, BARRETT, OUTMAN, BIZON, JOHNSON, RUNESTAD and VANDERWALL and referred to the Committee on Judiciary and Public Safety.

A bill to amend 1909 PA 17, entitled

"An act to prohibit or limit the access by prisoners and by employees of correctional facilities to certain weapons and wireless communication devices and to alcoholic liquor, drugs, medicines, poisons, and controlled substances in, on, or outside of correctional facilities; to prohibit or limit the bringing into or onto certain facilities and real property, and the disposition of, certain weapons, substances, and wireless communication devices; to prohibit or limit the selling, giving, or furnishing of certain weapons, substances, and wireless communication devices to prisoners; to prohibit the control or possession of certain weapons, substances, and wireless communication devices by prisoners; and to prescribe penalties,"

by amending the title and sections 1 and 2 (MCL 800.281 and 800.282), the title as amended by 2006 PA 540 and sections 1 and 2 as amended by 1982 PA 343.

the people of the state of michigan enact:

TITLE

An act to prohibit or limit the access by prisoners and by employees of correctional facilities to certain weapons and wireless communication devices and to alcoholic liquor, drugs, medicines, poisons, and controlled items and substances in, on, or outside of correctional facilities; to prohibit or limit the bringing into or onto certain facilities and real property, and the disposition of, certain weapons, substances, and wireless communication devices; items and substances; to prohibit or limit the selling, giving, or furnishing of certain weapons, substances, and wireless communication devices items and substances to prisoners; to prohibit the control or possession of certain weapons, substances, and wireless communication devices items and substances by prisoners; and to prescribe penalties.

Sec. 1. (1) Except as provided in section 2, a person shall not sell, give, or furnish, either directly or indirectly, any alcoholic liquor, prescription drug, poison, explosive, acid, caustic substance, toxin, material for an incendiary device, detailed local map, bodily fluid stored in a container, tattoo device, critical or dangerous tool, electronic information device, electronic accessory, item containing personal information of an employee of the department, item used to facilitate any criminal enterprise, or controlled substance to a prisoner who is in or on a correctional facility or dispose of that any liquor, drug, poison, or controlled substance in any manner that allows a prisoner or employee of the correctional facility who is in or on a correctional facility access to it.

(2) Except as provided in section 2, a person who knows or has reason to know that another person is a prisoner shall not sell, give, or furnish, either directly or indirectly, any alcoholic liquor, prescription drug, poison, explosive, acid, caustic substance, toxin, material for an incendiary device, detailed local map, bodily fluid stored in a container, tattoo device, critical or dangerous tool, electronic information device, electronic accessory, item containing personal information of an employee of the department, item used to facilitate any criminal enterprise, or controlled substance to that prisoner anywhere outside of a correctional facility.

(3) Except as provided in section 2, a person shall not bring any alcoholic liquor, prescription drug, poison, or controlled substance into or onto a correctional facility.

(4) Except as provided in section 2, a prisoner shall not possess any alcoholic liquor, prescription drug, poison, explosive, acid, caustic substance, toxin, material for an incendiary device, detailed local map, bodily fluid stored in a container, tattoo device, critical or dangerous tool, electronic information device, electronic accessory, item containing personal information of an employee of the department, item used to facilitate any criminal enterprise, or controlled substance.

(5) As used in this section and section 2:

(a) "Critical or dangerous tool" means a critical tool or dangerous tool as those terms are defined in department of corrections, Tool Control, PD 04.04.120 (July 1, 2018).

(b) "Detailed local map" means a detailed road map for any area within this state, an adjacent state to this state, or Ontario, Canada.

(c) "Electronic accessory" means an accessory for a cellular telephone, including, but not limited to, a cord or battery.

(d) "Electronic information device" means a device that is not a cellular telephone or wireless communication device and is used to store, create, transfer, or transmit data, including, but not limited to, a video, photo, or other electronic information.

(e) "Personal information" means a home address, a telephone number, or any financial information.

Sec. 2. (1) A person is not in violation of section 1 for the sale, giving, furnishing, bringing, or possession of alcoholic liquor, a prescription drug, or a controlled substance if all of the following occur:

(a) A licensed physician certifies in writing that the alcoholic liquor, prescription drug, or controlled substance is necessary for the health of the prisoner or employee.

(b) The certificate contains the following information:

(i) The quantity of the alcoholic liquor, prescription drug, or controlled substance which is to be furnished to the prisoner or employee.

(ii) The name of the prisoner or employee.

(iii) The time when the alcoholic liquor, prescription drug, or controlled substance is to be furnished.

(iv) The reason why the alcoholic liquor, prescription drug, or controlled substance is needed.

(c) The certificate has been delivered to the chief administrator of the correctional facility to which the prisoner is assigned or at which the employee works.

(d) The chief administrator of the correctional facility or the designee of the chief administrator approves in advance the sale, giving, furnishing, bringing, or possession of the alcoholic liquor, prescription drug, or controlled substance.

(e) The sale, giving, furnishing, bringing, or possession of the alcoholic liquor, prescription drug, or controlled substance is in compliance with the certificate.

(2) Not more than 2 ounces of wine for the use of the clergy may be brought into or onto a correctional facility by a person of the clergy of any religious denomination for clergy purposes.

(3) Section 1(3) shall does not apply to the bringing of alcoholic liquor, prescription drugs, or controlled substances into or onto a correctional facility for the ordinary hospital supply of the correctional facility.

(4) Section 1(3) shall does not apply to the bringing of any alcoholic liquor, prescription drug, poison, or controlled substance into or onto a privately operated community corrections center or resident home which that houses prisoners for the use of the owner, operator, or nonprisoner resident of that center or home if the owner or operator lives in the center or home, or for the use of a nonprisoner guest of the owner, operator, or nonprisoner resident.

(5) Section 1 does not apply to the giving, furnishing, or possession of a tattoo device, critical or dangerous tool, electronic information device, electronic accessory, or item containing personal information of an employee of the department if all of the following apply:

(a) The department authorizes the giving, furnishing, or possession in a written policy.

(b) The prisoner is under the supervision of an employee of the department while the prisoner possesses or is provided the tool, device, or item.

feedback